Big Brain Solutions Case Summary

Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and

Negotiation, mediation, and arbitration are all forms of Alternative Dispute Resolution (ADR) that are alternatives that organizations use to avoid litigation in court.  According to Valenti Law, negotiation and mediation are forms of non-binding ADR, while arbitration is a binding ADR (2011).  Since arbitration is a binding ADR, the arbitrator’s decisions are legally binding and cannot be challenged by either party in the arbitration.  “There are limited grounds for challenging the decision” (Valenti Law, 2011).

In 2001, The United States Supreme Court has decided that the Federal Arbitration Act applies broadly to employment contracts, since that time usage of forced arbitration agreements by employers significantly increased. There are several reasons why the arbitration agreement on employment contract is legally enforceable. First of all, when the agreement reflected on the promise, which has valid offer, acceptance, and consideration, between employer and employee, it can be considered as a legally enforceable contract. Thus, the contract shouldn’t be involved in lack of capacity, voluntary consent, and illegality. In fact, customer or employee give up their rights to potential legal action in exchange for a job, product, or a service. Consequently,

Arbitration agreements can be beneficial for an employer yet complicated at times. Employees use arbitration agreements in the sense to find a resolution in an employment law claim without going through the court system (Walsh, 2013). Depending on the case this can have a negative outcome for the employer if the employee tries to get out of the agreement which will cost high amounts to go to trial. However, if the employer implements the arbitration agreement it decreases fees for trails and time to prepare, its quicker than the other methods to resolve problems, and instead of being in the public eye like trails are can create privacy for the employer (Pivateau, 2012). Making sure the employer explains exactly what the employee is signing

A Mediator Speeds The Resolution Process: Filing lawsuits, waiting for hearing dates, attending court, and preparing for trial are time-consuming and costly activities. Mediation is a cost-effective conflict resolution option. The parties split the cost of the mediator and the sessions are scheduled for the parties’ convenience. Mediation frequently produces

Arbitration is similar to a court trial. It includes a process of discovery and the presentation of evidence under simplified rules. Arbitrators are much like lawyers. The opposing parties can share one arbitrator or choose to have separate arbitrators who will then choose a third to sit on the arbitral panel. This ADR method is popular in construction and labor disputes, and it has been used in securities regulation; however, many modern

Another advantage to arbitration is that both parties can set their own terms. "Parties can develop their own ground rules" (Murray 2012). They can also come to an agreement on who will mediate the proceedings: participants "in the arbitration process parties decide jointly on the

We live during a time where conflict arises every day between people all over the world. What is of interest is not what the conflict is about but rather, the way people handle the conflict. Mediation is one of a number of alternative dispute resolution (“ADR”) mechanisms used to solve conflicts arising between individuals. Mediation is a process whereby a neutral third party, the mediator, guides the negotiation process in order to enable the parties to communicate and to voluntarily work towards finding a resolution to their dispute in a sustainable manner.

Negotiation, refers to the process of having the two sides come to an agreement without the help of an externality. This could be beneficial to both parties because they can come to an agreement of their own terms and both side win. Mediation is when a neutral authority brings both sides to the table to help solve the dispute. Benefits to doing this process, is that the mediator can provide alternatives to how to solve the dispute, although results are nonbinding. Arbitration is when a third party decides the outcome of a dispute. For the winning party is an advantage because the decision in not appealable, it only can be

A: The dispute will be decided and imposed by one or more persons, a neutral third party or experts, that make decisions called arbitration award. Its goal is providing a relatively quick and inexpensive resolution of disputes. The process should be faster than court procedures and the parties can choose as a dispute resolver someone with experience in the subject if they want to. Arbitration has advantages that includes savings of time and cost because it is less expensive and less time than going through courts.

The third major resolution of ADR (alternative dispute resolution) method is Arbitration. In arbitration, the parties submit their dispute to an independent third-party, usually called the “arbitrator” or if more than one, then called the “arbitration panel” or “tribunal”. This neutral third-party envisions the evidence the disputing parties have submitted and deliver a decision called an “award.” The award is typically binding on the parties, yet, in some cases, the award can be non-binding.

Arbitration and Meditation are the two most common methods of ADR. Negotiations, on the other hand, are usually attempted as the first method of dispute resolution by most individuals or people who find themselves amidst conflicts. Negotiations, however, do not work very well as in most cases the involved parties tend to disagree due to self-interests. The advantage of Negotiation is however that it gives the two parties a chance to meet, control the resolution process and solution without necessarily involving other outside parties .

From the economic point of view, Arthur O’Sullivan (American economist, Professor of Economics at Lewis & Clark College) explains that arbitration is a resolution technique in which a third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable. In simple words, arbitration is and alternative form for settlement of disputes with respect to court litigation. The World Intellectual Property Organization stresses that arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators for a binding decision. It means that instead of going to the court, two parties choose the arbitrators, by whose decision they agree to be bound. The National Association of Consumer Advocates explains that the arbitrator decides the rules, weighs the facts and arguments of both parties, and then decides the dispute. In some sense, the arbitrator is considered as a judge in court.

Arbitration is one of the methods of resolving the disputes out of the courts, in a private manner. Arbitration is a famous method of the Alternative Dispute Resolution and is often used in nearly all spheres of life. In this, the disputes are determined by the arbitrator(s), which are selected by the disputing parties. On the basis of relevant principles of law, material facts and evidentiary documents, the disputes are resolved. The process of arbitration is administered by the appointed arbitrator subject to the statutory regulatory framework and the contractual rules.

Meanwhile, it is from these disputes that arise from international business activities that business parties are eligible to come up with a way to which their disputes are resolved. This process of resolving disputes regarding international business transactions is thus referred to as international commercial arbitration. Hereby, disputes are settled down upon the agreement of the two parties by an arbitrator or mediator who is chosen by the two parties to make a decision that is meant to bind their activities. Consequently, this procedure ultimately helps business people solve their disputes without seeking court actions for litigations regarding their differences. Since the arbitrator who solves disputes between two